A three minute marriage – How soon can I get divorced?

A three minute marriage – How soon can I get divorced?

Rumours are circulating online about a couple in Kuwait who were married for a grand total of three minutes. Here, McAlister Family Law’s Heather Lucy looks at how this can happen and whether it would be legally possible in England and Wales.

A three-minute marriage? How is that possible? Apparently, the couple were married in front of a judge and, when they were leaving the courtroom, the bride stumbled. Instead of helping her, the groom mocked her, and the (rightfully?) angry bride asked the court to immediately bring their marriage to an end. The judge agreed and their marriage was dissolved. This may be an urban legend being spread on the internet, but it does pose the question of whether it would be possible to do the same in England and Wales.

In England and Wales, it is not possible to make an application for divorce until you have been married for 12 months. You then have to wait a further 20 weeks from when the court issues your application to become eligible for a conditional order which is the next step in bringing your marriage to an end. This cooling off period may feel unnecessary if you separated less than a year into your marriage but it is almost impossible to dispense with it.

The conditional order is a key step in your divorce. It means that the court are satisfied that you and your partner can be divorced (and you are able to apply for the final order 6 weeks and a day later), and it allows them to make orders about financial matters. This is often a key concern for people who are separating, and they are keen to have the certainty of a final order in place.

If you split up with your partner before a year has passed, then either one of you (or both of you together) might choose to apply to the court for a judicial separation order. These orders are also sometimes sought by people who may not want to divorce for religious reasons but who do want to separate.

It is key to note that a judicial separation order is different to a divorce. One important point is that being judicially separated does not mean that you are legally single and therefore you cannot remarry. Further, a divorce will impact any pre-existing wills and is relevant to the order of inheritance under intestacy laws, but you are still married if you are judicially separated so you will need to think carefully about reviewing your will.

If you judicially separate from your partner, you can apply to the court for a financial order. The range of powers open to the court differs from those available under divorce. The court cannot make a Pension Sharing Order if you are judicially separated and there can be no ‘clean break’ in respect of your finances. You can record that you and your partner intend to get divorced after a year has elapsed and that there should be a clean break order then, but this is not binding.

If you have been married for less than a year and want to legally separate from your partner, then it would be sensible to speak to a specialist family lawyer who can discuss your individual circumstances with you and set out your options moving forward.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

Molly Mae and Tommy Fury get engaged – but what if they broke up?

Molly Mae and Tommy Fury get engaged – but what if they broke up?

Former Love Island contestants, Molly-Mae Hague and Tommy Fury have recently announced their engagement. The pair met on Love Island in 2019 and have been going strong ever since. But what happens if they break up? Here, Weronika Husejko looks at what a separation looks like legally, and what would happen with their daughter Bambi.

As many will know from their Instagram accounts, they have lived together for some time now, pretty much since their exit from Love Island in 2019. They also had their first child together at the beginning of this year, a baby girl called Bambi.

Whilst the happy couple are probably making wedding plans for their big day as we speak, you may wonder- what would happen if they broke up before they tied the knot?

The rules that apply to engaged couples are generally the same as those which apply to cohabiting couples upon separation. This means that they could not make a financial remedy claim under the same legislation that married couples usually would, that being the Matrimonial Causes Act 1973.

TOLATA

In terms of any property that the pair own together, any disputes in relation to this would be treated as a “ToLATA” claim. This is because the Trusts of Land and Appointment of Trustees Act 1996 is the legislation which deals with disputes relating to the ownership of property or land.

In a situation where the property was purchased by both of them and it is clear from the title deeds how the property is held, there is less scope for dispute. However, if one of their names are not on the title deeds, it can become more complicated and will depend upon a number of facts.

Schedule 1

As the pair also have a child, Bambi, they may also be able to make an application under Schedule 1 of the Children Act 1989.

This legislation allows separated parents to apply for various orders for the benefit of the child. This type of application is usually made by the parent with whom the child lives- so say if Bambi lived with Molly-Mae, she may apply for various orders under Schedule 1, depending on their respective financial circumstances of course.

Molly-Mae may be able to apply for the following orders on behalf of their daughter:-

  • Periodical payments
  • Secured periodical payments
  • Lump sum
  • Settlement of property
  • Transfer of property

Other avenues

There are actually some other pieces of legislation which provide engaged/ formerly engaged couples with certain rights. One example is that a fiancé may be able to claim a beneficial interest in property owned by their former fiancé albeit this would only apply in limited circumstances e.g., if the non-owning fiancé had made a contribution to substantially improving the property.

In summary, Molly-Mae and Tommy have various legal avenues they may be able to pursue if they did split during their engagement however, they would be very much dependent upon their individual financial circumstances.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

Joe Jonas and Sophie Turner – What happens when parents disagree?

Joe Jonas and Sophie Turner – What happens when parents disagree?

Joe Jonas and Sophie Turner locked in relocation battle over their children. Here, McAlister Family Law Solicitor Nicola Bradley looks at what happens when parents disagree on which country their children should live in?

Game of Thrones star, Sophie Turner, and her pop-star husband, Joe Jonas, are currently going through a very public and increasingly acrimonious divorce. To add to their troubles, the pair are now engaged in a very heated court battle over the arrangements for their one year old and three year old daughters. It has been widely reported that Turner and Jonas cannot agree on where the children will live; Turner allegedly claims that Jonas has “abducted” the girls and is wrongfully retaining them in America, whilst a representative for Jonas has hit back with claims that the use of the word “abduction” is a serious abuse of the legal system and entirely misleading in the circumstances.

It can often be very difficult for parents to navigate the arrangements for children when a marriage or relationship comes to an end, but these problems are magnified when the dispute is over which country the children should live in.

In the first instance, parents should always try to sit down and talk this issue through in the hope that an agreement can be reached. In Turner and Jonas’ case, Turner argues that the pair had already agreed that the children would reside in the UK and that Jonas has since resiled from this by keeping the children in America and refusing to hand over their passports.

In circumstances where an agreement has broken down or where you cannot reach agreement, the parent wishing to relocate will need to apply for a Court Order allowing them to do so and permitting them to take the children with them. When making this decision, the paramount consideration of the Court will be the welfare of the children and whether a relocation would be in their best interests. When making this decision, the Court will have mind to a number of factors including but not limited to:-

  • the motivation of the parent making the application
  • whether the practical proposals have been well researched and investigated
  • The reasons for the other parent’s opposition to the relocation
  • The effect granting or not granting relocation would have on the children’s relationship with either their parents and their respective families

The Court will also take into the children’s wishes and feelings, so far as they can be ascertained. The older a child is, the more weight and emphasis will be placed on what they want to do and what they feel is right for them.

It is important to remember that neither parent can make a unilateral decision to take the children to another country. If one parent takes the children out of the jurisdiction without the expressed permission of the other parent, this amounts to abduction and emergency orders can be obtained for the summary return of the children to this country. Similarly, if you are concerned that the children are at risk of being taken out of the jurisdiction by the other parent, emergency orders can be sought to prevent this from happening.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

Dealing with allegations of child abuse in the Family Court

Dealing with allegations of child abuse in the Family Court

Here, McAlister Family Law Senior Associate, Melissa Jones, looks at a story making headlines; Titanic Actor, Ioan Gruffudd has made allegations against his children’s mother, Alice Evan, and has labelled  her a “child abuser” in court documents issued in Los Angeles.

The allegations in the court documents state: “Alice has continued to inflict serious emotional harm on Ella and Elsie by her statements and by interfering in my relationship with them’ and ‘Alice has verbally abused and undermined me in front of the girls throughout their lives.’

In this case there is an allegation that the father is being alienated from his children as a direct result of the other parent’s influence over the children.

 

What is Parental Alienation?

There is no definition in family law but Cafcass have provided helpful guidance. Cafcass use it “to describe circumstances where there is an ongoing pattern of negative attitudes, beliefs and behaviours of one parent (or carer) that have the potential or expressed intent to undermine or obstruct the child’s relationship with the other parent. It is one of a number of reasons why a child may reject or resist spending time with one parent post-separation”.

Below are some examples  of parental alienation, which covers a variety of behaviours in the child, such as:

  • fear, hostility, or disrespect towards the distant parent
  • the child constantly criticising the alienated parent, with no strong evidence or justifications for doing so
  • the child having overwhelmingly negative feelings towards the alienated parent – in the sense that these feelings are not ‘mixed’
  • the child having unwavering support of the alienator
  • the child using terms and phrases that seem to be borrowed from adult language
  • the child does not feel guilty about mistreating or hating the alienated parent

 

How does the Court deal with allegations of alienation?

This of course a case in USA, but we will take a look at what the court would do if such allegations were made in a court in England and Wales.

The law, as it stands, presumes that it is in the children’s best interests for each parent, even when they have separated, to continue to be involved in the lives of any and all of their children, unless such involvement may subject them to a risk of harm.

But is it child abuse?

The Chief Executive of CAFCASS describes parental alienation as “undoubtedly a form of neglect or child abuse”.

Allegations of parental alienation should be taken seriously.  It is commonly recognised that exposing children to alienating behaviours can be emotionally harmful to them. The overriding view is that it is in the child’s best interests to have an ongoing relationship with both parents. At the heart of every decision made by the Family Court is what course of action is in the best interests of the child.

Another twist in the Gruffudd and Evans case is that their daughter, aged 13, filed a restraining order against her father. Mr Gruffudd has blamed this application on Ms Evans and has also claimed that she has prevented the children from attending counselling.

Ms Evan’s has denied the allegation and stated in court papers that Mr Gruffudd ‘has not seen, complied with, nor called the children for 11 weeks’.

Interestingly, Ms Evans stands opposed to her and the children being subject to such court proceedings if such evaluation is based on speculation and suspicions.

Clearly this looks set to be a heavily disputed set of proceedings in which both parties will need put their case to the court.

Sadly, as can often be the case with child arrangement disputes, the children can get be caught in the middle; in this case they might know a lot more about these proceedings because of their famous parents and the fact that this is playing out in public.

If you are experiencing any of the above, then it is important you instruct a lawyer who is a specialist in such matters. It could be the case that your child holds strong views of their own but may have been coached into believing other views. This would need careful exploration in the family court, and it is important that time is not lost in the process, so early advice is recommended.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

A Child’s Gender Identity – Who Decides?

A Child’s Gender Identity – Who Decides?

NHS statistics indicate that referrals for children wishing to change genders have rocketed in the past 5 years, initiating worldwide debate as to how to respond to this in a societal and legislative sense. Here, Eleanor Drury looks at how parents, schools, and the government approach the gender identity of children and the implications teachers face without the government’s promised guidance.

A child’s gender identity, who decides? A proposed bill in California, Assembly Bill 957, also known as the Transgender, Gender-Diverse and Intersex Youth Empowerment Act, would seek to brand parents as abusive if they refuse to affirm their transgender child’s identity and let children’s social services intervene in instances of the same.

The act stresses that it is part of a child’s health, safety and welfare for parents to support their child’s self-proclaimed gender identity and allows the courts to consider parental responses to these sorts of issues when determining custody disputes, further encouraging the judiciary to strongly consider that affirming a child’s gender identity should fall within the realms of best interest decision making.

Here in the UK, legislators have taken a contrasting approach, with Suella Braverman MP stating that schools have no legal obligations which require them to address children by their preferred pronouns or names, nor accommodate them in opposite sex toilets or sports teams. In addition, the UK government are rumoured to be introducing new guidance which instructs teachers not to use a new name or pronoun, as requested by the student, without obtaining parental consent first.

Of course, the government must consider the implications this may have on children, with some educators accusing the government of creating an ‘atmosphere of fear’ whereby transgender children cannot access support from their teachers, along with potentially opening the floodgates for breaches of confidentiality claims. In addition, guidance such as this creates a particularly tricky environment to navigate given that it is common across schools nationwide for teachers to allow, and join in with, children being referred to by a name different to that which they were registered at birth with, such as a nickname. Schools will be no doubt be keen to ensure that they do not fall risk to direct discrimination complaints.

In modern society, the issue of children and gender identity is likely to continue to hit the headlines as reports of transgender and gender-fluid children soar. Government guidance is desperately needed in order to provide clarification in this controversial area and allow schools some relief from being caught in the crossfire of opposing views and beliefs. Last month, teachers at a school in Sussex were subject to controversy following the publishing of a secret recording in which teenage pupils were debating whether a person could identify as a cat, with one student brandishing this as ‘crazy’, only to be told by the teacher that these views were ‘despicable’, adding that if they didn’t like this, they need to find a different school. It appears that teachers are understandably fearful of what they say, and the consequences of the same, and therefore struggle to respond to students in a sensible and honest way.  Without clear boundaries in this area, it can be argued that debates such as this only delegitimise and stigmatise young transgender people. The Association of School and College Leaders (ASCL) state that this underlines the need for the government to publish its promised guidance on children and gender identity, which the ASCL sought over 5 years ago.

Whilst it is extremely unlikely that any future guidance published in the UK will be so inclusive as to include children who wish to identify as animals, It will certainly be interesting to see if clarification will finally be provided for educators, and whether UK legislators are influenced by the differing proposals of the US in respect of gender dysphoria. Could it be that UK children’s social care may be forced to intervene in instances of disagreement between parent/guardian, and child?

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

Am I entitled to continue the lifestyle to which I have become accustomed if I divorce?

Am I entitled to continue the lifestyle to which I have become accustomed if I divorce?

The end of a marriage often leads to a lot of financial worry for those involved. One factor that many are concerned about is will they be able to continue to afford the lifestyle that they had with their spouse during the marriage. Here, McAlister Family Law Partner, Fiona Wood, looks at what the judges will consider when dealing with the financial aspects of a divorce.

When a financial settlement is made in divorce proceedings the judge will have to look at dividing the capital assets and pension assets in a way that meets both spouse’s capital needs (this is usually housing needs, paying debts and funding retirement – if there are reasonable pension provisions). Once the Judge decides what capital and pension assets the spouses will have, they can then consider if one spouse needs spousal maintenance from the other, or a capital sum in lieu of spousal maintenance, to assist them to meet their needs.

A judge has to consider the lifestyle that the couple enjoyed during their marriage, when considering what a fair settlement is. However, if the couple’s assets and incomes are modest, inevitably both their lifestyles will be negatively impacted by them divorcing. The greater the couple’s assets and income the more likely they will receive a financial settlement that allows them to continue the lifestyle that they had during the marriage.

When dealing with the financial aspects of divorce it is usual for both spouses to state how much they need to buy a house, if they are not saying that they want to stay living in the family home. Where there is less capital, both of the couple may have to downsize as part of their divorce settlement. If there are more assets one may be able to keep the family home and the other purchase another property of a similar value. The value of a house that is suitable for each spouse depends upon the couple’s assets and can be a point of dispute between the couple.

Divorcing spouses also need to state their income needs. Not only does this include essential expenditure such as mortgage payments, food and utility bills, it can also include less essential expenditure such as holidays, entertainment, gardeners etc. Those with significant wealth have huge schedules of income needs, including staff, private jets and the funding of several properties. If the couple cannot agree their settlement and a judge has to adjudicate on the issue, it is likely that they will be asked about their stated income needs and to justify them. To justify them they need to show that this is the level that you and your spouse spent at during the marriage. It is the lifestyle that you had.

Judges are critical of those spouses whose income needs are more of a wish list than a reflection of the lifestyle enjoyed during the marriage. For example if you and your spouse only had one holiday a year in Europe, if you are now saying that you need sufficient money from your spouse to fund several holidays a year, including long haul destinations, a judge is unlikely to say that this is reasonable.

You are not automatically entitled to continue the lifestyle to which you have become accustomed if you divorce, but the lifestyle that you enjoyed as a couple is relevant, and if there is sufficient capital and income it is likely to be maintained,

If you are worried about your financial future if you divorce, you should take advice from an expert family lawyer.

If you or someone you know is affected by the issues raised in this blog post, we can provide you with expert legal advice. For more information, please get in touch with our specialist team at hello@mcalisterfamilylaw.co.uk

Should we open a joint account?

Should we open a joint account?

There are lots of decisions to make during a relationship and perhaps even more so when parties begin cohabiting. One of the questions which sometimes comes up is whether or not you should have a joint bank account with your partner? Here, Lisa Brown looks at what a joint account means from the perspective of couples, the bank, and family law.  

This is obviously a personal decision and can vary between couples. It can be helpful from a practical point of view if you have a lot of joint expenditure, but it would be sensible to agree some ground rules about usage and how much each party is expected to contribute from the outset.

From the bank’s perspective, for example, if one party were to run up a large overdraft on a joint account, they would still generally consider that to a joint liability.  Similarly, from a family law point of view if a cohabiting couple are separating the starting point would be that assets are divided as they are held legally so any savings in a joint account should be shared equally, and any joint borrowing should be borne equally.

To have some clarity between you, it might be sensible to have a cohabitation agreement which can deal with how any assets would be divided on separation (including any joint accounts) and also, if you wish, how outgoings will be met during the relationship.

These agreements are not currently 100% binding, but they are very useful and are becoming more and more popular.

What about if you are married?

Lots of married couples have joint accounts but it is not a pre-requisite, and some choose not to.

Back in February Chloe Madeley hit the headlines when she revealed that she went back to work 8 weeks after giving birth citing the fact that she doesn’t have a joint account with her husband, James Haskell (and presumably that in effect they both financially support themselves).

Whilst obviously it is for every individual couple to decide on their own financial arrangements during their relationship this statement does give the impression that simply because there is no joint account there is no financial links or accountability between Chloe and James.

This is not the case for married couples or those in civil partnerships.  The legal starting point is quite different to couples who simply live together.  When you enter into a marriage or civil partnership you immediately gain the ability to make a wide range of financial claims against your partner (and likewise they have those claims against you).

If your marriage or civil partnership were to come to an end and you cannot agree how assets should be divided, then the court has the power to divide them between you in line with the factors set out in Section 25 Matrimonial Causes Act.  These factors include (amongst other things) the assets and income of each party, length of the relationship and the contributions you have each made.

The court is not bound to consider monies in a joint account joint nor monies in one person’s sole name as money to be retained solely by them.

There can, however, be circumstances where it is relevant where monies have been held.  For example, if one party had received an inheritance the court may be more minded to exclude that from any settlement if it had always been kept separate in a sole account.

If you or somebody you know wants to understand their legal position better whether they are cohabiting, thinking about cohabiting, engaged or married they should contact one of our specialist family lawyers today.

If you need advice on this topic, or any other matters concerning forced marriage, please get in touch with our team at hello@mcalisterfamilylaw.co.uk

Transparency in the Family Courts – the Dawn of a ‘New Norm’

Transparency in the Family Courts – the Dawn of a ‘New Norm’

Should the media report on the Family Courts? Here, Ruth Hetherington looks at the role of transparency in the family courts and how transparency orders will protect those families already under a lot of stress.

For many years now, on the whole, the Family Courts sit in private, which means no one else is allowed into the Court hearing except those people involved.  Some would say that there is a shroud of secrecy in the Family Courts and decisions are being made behind closed doors.  There has been a genuine reason for this … there is a need to protect the privacy of the people involved, particularly children balanced with having the public’s perception, trust and confidence about the way in which the family courts operate.

At present S.12 of the Administration of Justice Act 1960 prevents reporting of most family law cases in the absence of the Judges consent.  This legislation was intended to ‘protect and support the administration of justice’.

S.97 Children Act 1989 protects the identity of children.  It is a criminal offence if breached.

As it can be seen, currently there is little scope for reporting on any family case.

It would be fair to say that most family cases have been held in private, but the public only get to hear about ‘big money’ cases and predominantly the lives of celebrities when they hit the headlines.

The appetite however for the family courts to be more accessible has been a matter of discussion and debate for many years.  The President of the Family Law Division, Sir Andrew McFarlane intends to change all of that.

Sir Andrew McFarlane published a report in October 2021 entitled ‘Confidence and Confidentiality: Transparency in the Family Courts’.

The emphasis now is very much that the veil of secrecy and mystery associated with the family courts needs to be lifted, mainly to provide the public with confidence that the family courts are safeguarding children and their families.

Sir Andrew McFarlane says ‘the time has come for accredited media representatives to be able to not only attend hearings but to report publicly on what they see and hear.  Any reporting must however be subject to very clear rules to maintain anonymity of children and families and to keep confidential intimate details of their private lives.

Pilots are now running in Cardiff, Leeds and Carlisle, and they will continue throughout 2023 with data being collated.   In essence accredited media representatives and legal bloggers are permitted to attend court hearings, have access to documents and report on the outcome, subject to the terms of a Transparency Order.

Transparency orders will set out what can and cannot be reported on.  Reporters must and will be bound by that order.   The Transparency Order can be varied or removed at any point, by the Court.

The case needs to be conducted in an orderly way and not be prejudiced or compromised.  However, how this operates in practice forms part of the Pilot now running.

The pilot will start with public law cases (care proceedings) then private law children proceedings.

The jury is still out, as many family practitioners, are apprehensive of the changes as all families going through the family court are already experiencing stress and anxiety without having to deal with an added layer that their case could be reported on.  It may prevent or deter many vulnerable people in seeking access to justice at a time in their lives where help and support is needed.

The message is clear, confidence and confidentiality can be achieved and that there needs to be a major shift in culture.

Legal bloggers

Interesting concept and development within the Pilot in that anyone can ‘blog’ on the law, but can they just attend a hearing?  The answer is no. To be able to attend court hearings you must be a ‘duly authorised lawyer’. Blogging can only be for journalistic research or public, legal educational purposes. So…in the busy lives of family practitioners do they have time to attend other court hearings that they are not involved in, would they want to, could this be part of training for young lawyers entering the early part of their career.  It remans to be some as to whether there is the ‘up take’ on legal bloggers.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Breach of child arrangements order – What are my options?

Breach of child arrangements order – What are my options?

Navigating decisions about arrangements for the children, house rules and holidays can be a very difficult task for separated parents. In cases where an impasse is irreconcilable, it may be necessary to secure a Child Arrangements Order to clarify matters and enable the parties to move on with their lives. Here, Agata Napora looks at the consequences if Court Orders aren’t followed.

 

Initial Steps

A constant breach can be very upsetting and cause a lot of uncertainty for the other parent and the child concerned which is far from desirable and should be handled with care. In first instance we would recommend that you always try to address all the issues direct as this may help break the ice between you and help resolve matters without the need of engaging a solicitor or taking your case back Court. However, should this approach be unsuccessful, the next step would be to contact a solicitor with a view to writing to the other party and reminding them of their obligation to comply with the Order and the legal ramifications if they continue to breach it.

A Child Arrangements Order has a “Warning Notice” attached to it which informs the parties about the consequences of failure to abide by the terms of the Order. From a legal standpoint, a breach of a Court Order is a serious affair as it constitutes a contempt of Court, and this may lead to sanctions being made against the non-compliant parent.

If correspondence from a solicitor does not achieve the desired effect and the other parent continues to act contrary to the terms of the Order, then you may need to consider applying to the Court for enforcement.

What Constitutes a Breach of an Order

When a Child Arrangements Order is already in place almost anything can amount to a breach including a lateness to the handover or a cancellation of contact due to an illness, or a prior work commitment. Whilst a one-off incident of this nature is unlikely to be enough for the Court to order a sanction against the other party, a series of minor breaches may have a profound impact on the welfare of the child and the Court will therefore take a closer look at the overall situation. It is therefore advisable to keep a record of all the instances and the frequency of the said breaches so that the Court can benefit from a full picture and is able to investigate the issues accordingly.

What the Court looks for in enforcement applications

The Court will determine the nature of the breach and look at the reasons behind the other parent’s non-compliance. The Judge will be interested in knowing as to whether there is a plausible explanation behind the other parent’s conduct or perhaps no valid justification at all. The Court will assess the effect of the breach on the child’s welfare and whether it would be in the child’s best interests for the order to be enforced. Every case is different, and in some circumstances, the Court may wish to obtain expert advice or a CAFCASS report or make a referral to social services to investigate matters in more detail before making a final determination.

How to make Enforcement application

An application to enforce a court order is made on a specific enforcement application form C79. There is also a Court fee payable of £232 unless you qualify for a fee remission. We would recommend that you seek legal advice on how to complete the form to ensure that your application is successful.

Enforcement and Sanctions

In deciding whether to enforce the Order, the Court must satisfy itself beyond reasonable doubt that such action is necessary and proportionate to the seriousness and frequency of the parent committing the breach and that the Enforcement Order is required to secure compliance with the Order. If the breach turns out to be minor or the parent in breach of the Order actively shows remorse and perhaps undertakes to the Court not to repeat the said misconduct, the Court is likely to consider that Enforcement Order is not necessary. Furthermore, if a parent in breach of the Order can show on balance of probabilities that they had a reasonable excuse for failing to comply with the order, then it an Enforcement Order will not be granted.

Whilst some parties may be referred to a separated parents information program (SPIP) or mediation to resolve their disputes, others could be ordered to pay a fine, undertake unpaid work or be committed to prison.  It may also be possible for one parent to seek a compensation for financial loss suffered by reason of the breach.

Who pays costs of enforcement proceedings

The standard rule on costs in children proceedings is that there should be no order for costs. This approach however does not apply to applications for enforcement orders meaning that the applicant party have the right to seek costs against the respondent party and the Court has a discretion to order the unsuccessful party to pay the reasonable legal costs of the other side.

If you are considering applying to the Court for enforcement of the existing Child Arrangements Order, we would highly recommend that you seek specialist assistance.

 

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

Means free Legal Aid being extended

Means free Legal Aid being extended

Government announces extension to the rules for family legal aid.  The scope of means free Legal Aid is being extended for Parents and those with Parental Responsibility.  This applies to opposing applications for Placement and Adoption Orders in public family law proceedings. Here, Clint Nicholls looks at what this means for you.

Well, it will be a relief for many Parents as it will make it easier to obtain Legal Aid as the case will only be assessed on a merits basis, whereas previously applications were subject to the means test.  Challenging an adoption or Placement Order is a daunting task especially for vulnerable Parents who may have little support if they cannot obtain legal help.  If Parents can demonstrate that they have made changes and these changes are sufficient, then their case will be assessed on merits only and they will not have the added worry of their financial circumstances barring them from accessing legal help.  This is a positive step from the Legal Aid Agency and should be welcomed and hopefully further steps can be made to allow more people to access legal services without having to worry about their financial means.

If you need advice on this topic, or any other matters concerning divorce or family law, please get in touch with our team at McAlister Family Law.

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